ES v OS

ES v OS

No final decision was made; the case was adjourned because the court could not rely on undertakings from the father without his personal attendance, and further consideration of the child's objections and risk to the children is required.

Parties
Applicant: ES; Respondent: OS; Guardian: Cafcass Guardian (Mrs Janet Sivills)
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Hague Convention Child Abduction Application / Adjournment After Directions Hearing; No Final Determination
Outcome
Adjourned; no final determination
Legal Topics
Child Abduction, Hague Convention, Custody, Protective Measures, Undertakings
Family Law International Law Child Abduction Hague Convention Custody Protective Measures Undertakings

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Parties

ES

Applicant

OS

Respondent

Cafcass Guardian (Mrs Janet Sivills)

Guardian

Procedural Posture

Hague Convention Child Abduction Application / Adjournment After Directions Hearing; No Final Determination

Legal Issues

  1. 1 Whether the children should be returned to Lithuania under the Hague Convention
  2. 2 Whether the father was exercising rights of custody at the time of removal
  3. 3 Whether the elder child objects to return

Ratio Decidendi

No final decision was made; the case was adjourned because the court could not rely on undertakings from the father without his personal attendance, and further consideration of the child's objections and risk to the children is required.

Court Disposition

Adjourned; no final determination

Orders

  • Case adjourned for further hearing
  • Transcript of guardian's oral evidence to be prepared at public expense